MAZZOLA v. MAZZOLA


40 A.D.2d 1017 (1972)

Gaetana Mazzola, Appellant, v. Mary Mazzola, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 26, 1972


Order reversed, with $10 costs and disbursements, and motion granted.

In our opinion, it was incumbent upon defendant to come forward with matter of an evidentiary nature to demonstrate the presence of triable issues. This the defendant failed to do. She failed to support by the requisite evidentiary demonstration her contention that a triable issue of fact exists, thereby precluding summary judgment relief. The motion should have been granted (Steingart Assoc...

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